Land Exchange Decision Documents and Process Overview

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Land exchange decisions involve legal descriptions, public interest determinations, and documentation requirements. The process includes NEPA decision documents, BLM, FS regulations, and adherence to land use plans. Public interest determinations address resource values, intended land use, and conflict avoidance. Documentation is crucial, detailing all lands involved and any proposal changes. The administrative record must include findings and rationale. Decisions are documented in NEPA decisions, BLM DR or ROD, FS ROD, Decision Notice, or Decision Memo.

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Decision Documents Intermediate Land Exchange 2000-17

Reference BLM 43 CFR 2200.0-6(b)(1-2) 43 CFR 2201.7 BLM Handbook H-2200-1 Chapter 9 FS 36 CFR 254.3(b)(1-3) 36 CFR 254.13 FSH 5409.13,34

Decision Documents for Land Exchanges The decision document for a land exchange is the NEPA decision document BLM FS Type of NEPA Document Environmental Impact Statement (EIS) Environmental Assessment (EA) Categorical Exclusion (CE/CX) Record of Decision (ROD) Decision Record (DR) Not Applicable Record of Decision (ROD) Decision Notice (DN) Decision Memo

Content of a Land Exchange Decision Document Public Interest Determination Legal Description Equal Value Requirements Conformance with Land Use Plans Implementation Period

Public Interest Determination Most critical outcome (requirement of law) is there must be a Public Interest Determination which addressing the following two components: The resource values and public objectives of the Federal lands are greater than the non-Federal lands The intended use of the Federal lands will not significantly conflict with management objectives on adjacent Federal and Indian trust lands

Such finding and the supporting rationale shall be made part of the administrative record. [(3) Documentation. The findings and the supporting rationale shall be documented and made part of the administrative record.] Very Important!! Where is the Public Interest Determination documented? The NEPA Decision BLM DR or ROD FS ROD, Decision Notice, Decision Memo

Decision Document Legal Description Must address ALL lands identified in the ATI/NOEP Federal and non-Federal lands to be conveyed or excluded from the exchange Complete legal description of estates involved Reservations, outstanding interests, encumbrances Changes to exchange proposal must be documented

Decision Document Equal Value Requirements Must include a statement that the lands or interests are of equal value Show how the value has been established Describe how all reasonable efforts were considered to equalize values Describe any waiver or donation proposed

Decision Document Conformance with Land Use Plans Include a land use plan(s) conformance determination Summarize how decision interfaces with state and local land use plans

FS Draft Decision Process Published Final Rule March 27, 2013 Moves projects documented in an Environmental Assessment (EA)/Decision Notice (DN) or Environmental Impact Statement (EIS)/Record of Decision (ROD) from a post-decisional appeals process (36 CFR 215) to a pre-decisional objection process

Decision Document Implementation Period BLM implementation of Decision occurs upon expiration of the 45-day protest period FS May not sign or implement Decision until after the 45-day objection period plus 5 day wait period.

Decision Review, Approval and Quality Assurance Requirements BLM National Land Exchange Lead, WO-350, and WO-300 review for subsequent approval by the Deputy Director Prepare Decision Summary (Illus. 9-5, H-2200-1) Include all items on the Decision Review Checklist Upload documents to DTS per instruction sheet FS EA and draft Decision must be reviewed in the RO prior to public release

Decision Document Decision Document

BLM Notice of Decision FS Draft Decision Intermediate Land Exchange 2000-17

Reference BLM 43 CFR 2200.0-6(b) 43 CFR 2201.7 BLM Handbook H-2200-1, Chapter 9 FS 36 CFR 254.3(b) 36 CFR 254.13 FSH 5409.13,34

Publication and distribution Minimum content Optional additional information Combine with Plan Amendment Protest and appeal Publication and Distribution NOD NOD

Publication and Distribution Similar to NOEP requirements Publication occurs only one time BLM required to notify Governor at least 60 days prior to conveyance of public lands Can run concurrently with publication of NOD Distribution identical to NOEP Include those who expressed interest in NOEP Use cover letter to explain NOD is for information purposes and no response is necessary May consider additional distribution

Minimum Content Date of decision Concise description of the Decision Name and title of deciding official Address conversion of applicable ROW(s) Directions for obtaining a copy of NOD Beginning date of protest period (BLM) Beginning date of objection period (FS)

Optional Additional Information Case File Serial Number Reference to published NOEP Summary of public benefits Request protests to be specific Equal value determination statement

Combine with Plan Amendment May be published in conjunction with a plan amendment or EIS Use of a combined notice is encouraged

BLM Protest and Appeal FS Objection BLM 45-day protest period FS Describes the notice and comment process Legal notice of opportunity to comment 30 days for an EA; no extension allowed 45 days for an EIS; extension allowed Must post a copy of the legal notice of opportunity to comment on web within 4 days of its publication. This is a new requirement!